Refiling of PCT application after considered withdrawal

Question

A PCT application got filed though no fee pertaining to international filing, transmittal, search is paid. I want to withdraw the application for some reason and file another application for the same invention within 12-month period from date of priority. What will be the consequences of withdrawal or considered withdrawal. How will it affect the subsequently filed application? Will it cause any prejudice to the same? Also, will the application number of the subsequently filed application be same or different?

Answer 1

Say you have a US Provisional Application that was filed.

Then you file a PCT claiming priority to that US Provisional 6months after the Provisional Filing date.

You can still file a second PCT application claiming priority to the US Provisional application until the US Provisional Expires 12 months after it was filed.

The second PCT application is completely separate from the first PCT application. They will have different PCT application numbers and will be processed separately.

If the first PCT is properly withdrawn, then it will not be processed or examined so long as examination has not yet started. The effects can be found in 90bis.6.

A withdrawal should be submitted early to prevent publication (which in your hypothetical would be the case since you would submit before 12 months after the priority date). Remember, a Withdrawal is effective "on receipt of a notice addressed by the applicant, at his option, to the International Bureau, to the receiving Office or, where Article 39(1) applies, to the International Preliminary Examining Authority." However, "the International Bureau may nevertheless proceed with the international publication on the basis of the said time limit as computed from the original priority date if the notice of withdrawal sent by the applicant or transmitted by the receiving Office or the International Preliminary Examining Authority reaches the International Bureau after the completion of the technical preparations for international publication."